Posted the: 2013-09-06 Numac: 2013011413 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy July 30, 2013. -Law on resale of securities of access to events (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. for the purposes of this Act and its implementation orders, means: 1 ° title access: document, message or code, regardless of the shape and support, attesting to obtaining from the producer of the organiser, the owner of the rights of exploitation or any other seller accredited law to attend a cultural, sports or commercial event or a show alive.
2 ° initial sale: first placing on the market, against payment, of securities of access by one of the persons referred to in 1 °;
3 ° original vendor: any natural or legal person who carries out an initial sale;
4 ° resale: any sale and any offer for sale of a security of access that does not emanate from the original vendor;
5 ° Reseller: the natural or legal person who does an act of resale;
6 ° the final prize: the prize as stated in article 6 of the Act of April 6, 2010 the market practices and consumer protection;
7 ° the Minister: the Minister who has the economy in charge.
3. this Act is without prejudice to other legal or regulatory provisions applicable to the sale of securities of access.
S. 4 § 1. The original vendor still communicates the final title of access price, regardless of its form, when the proposal for a transaction.
The price is mentioned on the title access, unequivocally and in a clearly legible font.
§ 2. Supplements price and optional charges or variables, are communicated in a clear, transparent and unambiguous way and are accepted by the buyer on an "opt-in" basis during the purchase process.
§ 3. Commercial practices such as, inter alia, the titles of privileged access or even promotional access credential as well as their possible graceful character must be mentioned on the title to access a unequivocally and in a clearly readable character-specific.
S. 5 § 1. Resale in usual manner is prohibited.
Exposing for resale in the usual manner, and providing the means to be used for resale in usual way, are prohibited.
2. Resale on a casual basis at a price higher than the price as defined in article 4, § 1, shall be prohibited.
Exposing for resale on a casual basis, and providing the means to be used for resale on a casual basis, are also prohibited if it is a resale at a price higher than the price as defined in article 4, § 1.
§ 3. Resale prior to the initial sale is prohibited.
Exposing for resale and providing the means to be used for resale, are also prohibited before the start of the initial sale.
4. The sale of a title of privileged access as well as a title of promotional access, which have not been the subject of an initial sale, is prohibited.
Exposing for resale and providing the means to be used for resale, are also prohibited for the sale of a title of privileged access as well as a title of promotional access which were not the subject of an initial sale.
S. 6. Notwithstanding any clause to the contrary and without prejudice to the application of article 1116 of the civil Code, any difference in the price of a resale payment exceeding the amount as determined in article 4, § 1, is considered to be an undue payment and the purchaser is entitled to claim the amount paid in too much the dealer concerned independently because a previous retailer already committed or an offence under article 5 , § 2.
7 § 1. The King organizes regular between stakeholders consultation, namely the producers and organizers of shows, distributors, entertainment halls, exchange platforms and representatives of consumers, to perform an assessment continues to act as well as the implementation of good practices.
§ 2. An evaluation report is presented by the King in the House of representatives every two years.
S. 8. follow-up to the discussion by the House of representatives of the report mentioned in article 7, § 2, the King if necessary, take the appropriate measures.
S. 9. violations of articles 4 and 5 are subject to the penalties referred to in article 124 of the Act of April 6, 2010 the market practices and consumer protection.
S. 10. the provisions of book I of the penal Code, including chapter 7 and article 85, shall apply to the offences covered by this Act.
S. 11 § 1. Without prejudice to the powers of the judicial police officers, agents commissioned by the Minister are responsible for search and found the offences covered by this Act.
The minutes drawn up by these agents are prima facie evidence to the contrary. A copy is sent, the offender, by registered letter with acknowledgement of receipt, within 30 days of the date of the findings.
§ 2. In the exercise of their function, the agents referred to the § 1 may: 1 ° enter during normal hours of opening or work, the premises and parts whose access is necessary for the accomplishment of their mission;
2 ° make all useful findings, to provide all information necessary for their research and findings, produce locally and on first request documents, parts or necessary for their research and findings books and taking copy and without charge;
3 ° enter, against receipt, documents, parts, books or holders of information which are necessary to provide evidence of an offence or to find sponsors or accomplices of offenders; the seizure is lifted ipso jure without confirmation by the Prosecutor within ten working days;
4 ° if they have reasons to believe in the existence of an offence, penetrate into living quarters, with the consent of the judge of the tribunal de police. The visits to living quarters should be between eight and eighteen hours and must be made jointly by two agents at least. Does not, however, violate the home that penetrates with the prior written permission of the inhabitant.
3. In the exercise of their function, the agents referred to the § 1 may require the assistance of the police.
§ 4. Regulated agents exercise the powers accorded to them by this section under the supervision of the Attorney general, without prejudice to their subordination to their superiors in the administration.
§ 5. In case of application of article 13, the minutes is transmitted to the Prosecutor of the King only when the offender has not accepted the proposal for a transaction.
Payments are made within the time limit indicated off public action, unless previously, a complaint was sent to the Prosecutor, the investigating judge was required to instruct or the tribunal was seized of the fact. In this case, the amounts paid are returned to the offender.
S. 12. where an offence under this Act or to one of its orders of execution is found, the Minister or the officer that he commissioned in application of article 11 may address to the offender a warning putting it remains to end the Act in question.
The warning is notified to the offender within a period of three weeks from the date of the finding of facts, by registered letter with acknowledgement of receipt or the furnishing of a copy of the minutes of finding facts.
The warning mentions: 1 ° the facts charged and the legal provisions violated;
2 ° the period within which it must there be terminated;
3 ° the fact that in the event that it is not given due warning, officers commissioned in application of articles 11 and 13 may respectively to notify the Crown Procurator or apply the regulation by way of a transaction referred to in article 13;
4 ° the fact that the commitment of the offender to terminate the infringement can be made public.
S. 13. officers commissioned for this purpose by the Minister may, in the light of the minutes finding an infringement, prepared by officers referred to in article 11, offer offenders the payment of a sum which extinguished public action. This amount cannot be greater than the maximum amount of the fine set in article 9, plus additional decimated. Tariffs as well as the terms of payment and collection are set by the King.
S. 14 § 1.
The president of the tribunal de commerce finds and orders termination of an act constituting an offence under article 5. The action for an injunction is formed at the request: 1 ° the Minister;
2 ° the Director-general of the Directorate-General of control and Mediation of the FPS economy, SMEs, Middle Classes and energy;
3 ° of the persons concerned.
The president of the commercial court may prescribe that its decision or memorandum that he wrote, is displayed or communicated in any other way during the period as it may determine and at the expense of the infringer. However, these measures cannot be prescribed if they are likely to contribute to the cessation of the offending act or its effects.
§ 2. The action is formed and educated according to the forms of the referee.
It can be formed by petition. It shall be filed in quadruplicate at the registry of the tribunal de commerce or sent to the registry by registered. The clerk of the court notifies immediately the opposing party by legal fold and invited him to appear at the earliest three days, no later than eight days after the sending of the legal fold, to which is attached a copy of the motion.
Under penalty of nullity, the query contains: 1 ° an indication of the day, month and year;
2 ° the name, first name, profession and domicile of the applicant;
3 ° the name and address of the natural or legal person against which the application is made;
4 ° the object and statement of means of the request;
(5) the signature of the lawyer.
§ 3. It is held on the action notwithstanding any prosecution on grounds of the same facts before any other criminal court.
The judgment is enforceable provision, notwithstanding any appeal and without security.
Any decision on an action on this article is, in the eight, and the diligence of the clerk of the competent court, communicated to the Minister unless the decision was made at his request.
In addition, the Registrar is required to inform without delay the Minister of appeal against any decision.
15. article 589 of the Judicial Code, as last amended by the Act of August 13, 2011, is complemented by a 19 ° as follows: "19 ° in article 14 of the Act of July 30, 2013 sale of securities of access to events."
S. 16. this Act comes into force the first day of the first month following that during which it has been published in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 30, 2013.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note see: records of the House of representatives: 53-0656-2010/2011: 001: Bill of Mr Schiltz and others.
002 to 004: amendments.
006: Text adopted by the commission.
007: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 2-8 may 2013.
The Senate documents: 5-2081-2012/2013: No. 1: project referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: The text amended by the commission.
No. 5: The text amended by the Senate and returned to the House of representatives.
Annals of the Senate: July 10, 2013.
See also: records of the House of representatives: 53-0656-2010/2011: 008: draft amended by the Senate (without report of commission).
009: Text adopted in plenary meeting and submitted to Royal assent.
Full report: July 17, 2013.